IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A.No.1920/2015 [MV] BETWEEN :
SMRUTHI.B.S. D/O B.K.SRINATH AGED ABOUT 23 YEARS R/AT No.78, VENKATADRI 4TH FLOOR, 1ST CROSS 2ND MAIN ROAD, I.T.I LAYOUT BSK 3RD STAGE BANGALORE-85. ...APPELLANT (BY SRI HALESHA.R.G, ADV.) AND :
1. G.V.GIRI S/O LATE GOVINDARAJU No.49, 12/A CROSS VYALIKAVAL BANGALORE-03.
2. IFFCO-TOKIO GENERAL INSURANCE CO., LTD., KSCMF BUILDING 3RD FLOOR, 3RD BLOCK, No.8, CUNNINGHAM ROAD BANGALORE-52. …RESPONDENTS (BY SRI H.S.LINGARAJU.H.S., ADV. FOR R-2; V/O DATED 03.06.2015, NOTICE TO R-1 DISPENSED WITH.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 01.12.2014 PASSED IN M.V.C. No.5809/2013 ON THE FILE OF XIII ADDITIONAL SMALL CAUSES JUDGE & MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 01.12.2014 passed by the MACT Court of Small Causes at Bangalore (SCCH:15) in MVC No.5809/2013.
2. It is the case of the appellant that he has sustained grievous injuries in a motor cycle accident occurred on 01.10.2013. The appellant filed claim petition before the Tribunal seeking compensation. The Tribunal has awarded a compensation of Rs.1,92,000/-. Aggrieved by the same, the appellant has filed this appeal.
3. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is on the lower side and sought to enhance the same.
4. The learned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. I have heard learned counsel for both the sides and perused the Judgment and Award passed by the Tribunal. The injured had sustained injuries in a motor vehicle accident on 01.10.2013 and it is claimed by the petitioner –claimant that the injured was working as a finance executive in a private company and earning about Rs.27,006/- p.m. To establish the income of the appellant, the appellant has produced Ex.P10 – letter of the employer and also acceptance of resignation and relieving letter. The Tribunal has assessed disability at 20% to the whole body and assessed income at Rs.6,000/- p.m. The injured has suffered compound fracture of both bones which is grievous in nature. PW.2 – the Doctor has been examined and he has deposed that the injured has sustained 36% disability. The Tribunal has assessed the disability at 12% to the whole body. The Tribunal has not awarded compensation towards loss of future income. The learned counsel for the respondent submits to dismiss the appeal on the ground that there is no loss of future income. The Tribunal has assessed disability of the injured at 12% which is on the lower side. Hence, I am inclined to take Rs.7,000/- p.m. as notional income of the injured and disability at 18%. Hence, the appellant is entitled for a sum of Rs.1,51,200/- (Rs.7,000 x 12 x 10 x 18%) towards loss of future income. Further the wappellant is entitled for another sum of Rs.20,000/- towards pain and suffering, another sum of Rs.20,000/- is granted towards loss of amenities and comfort and another sum of Rs.25,000/- is granted for permanent physical impairment.
6. Accordingly, the appeal is allowed in part.
The appellant is entitled for an enhanced compensation of Rs.1,72,960/- (80% of Rs.2,16,200/-) in addition to the compensation awarded by the Tribunal. The enhanced compensation amount carries interest at 6% p.a. from the date of petition till the date of payment.
Sd/- JUDGE Nm